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Lawyer Elkana Mogaka, Sara Were’s lead counsel in court. Inter parties hearing has been set for February 26, 2023 before Justice Gregory Mutahi at Kwale high court. Photo/Courtesy

By Tidal Wave News Team

The high court of Kwale has ordered Tabasamu School in Kwale County to cease using images of children that are in their custody to acquiring funds from donors and well-wishers.

The photos are said to belong to Sara Were’s institution not related to Tabasamu School.

According to Justice Anne Ong’injo images that are under the custody of Tabasamu school which is owned by Anne De Bruyne are from a children’s home owned by the applicants were taken without consent of the children’s guardians and caregivers.

Justice Ong’injo further said the matter is coming up under certificate of urgency alongside notice of motion and supporting affidavits of Sara were dated 7th February, 2024 in absence of all parties.

“The 4th and 5th Respondents (Anne De Bruyne and Tabasamu School) are compelled to cease the use of the children’s image under the Third Applicant’s care without the applicants consent pending inter parties hearing and final disposition of this application,” read part of the order.

The order also directed Anne De Brun and Tabasamu School to take down the images of the Third Applicant’s children from their school website, social media pages and or any other form of digital and or print media pending inter parties hearing and final disposition of the application.

Sarah Were who is the first applicant argues that Anne De Brune has been misrepresenting herself as one of the directors of her children’s home and soliciting money from investors using the children’s home image rights.

Were also says: “As a result of De Brune’s misrepresentation, her children’s home has suffered loss in terms of finances as investors are claiming to have already sponsored the school through De Brune who is not a member of the Third Applicant.”

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According to an affidavit sworn by Sarah Were, the Third Applicant is a small-scale project that provides shelter to street children and orphans in Kenya as a Children’s Home regulated by the Children’s Act.

The affidavit further states that Ann De Brune became part of the Sara Were’s organization as a volunteer on or about July 2022, when she offered to sponsor some of the children.

In the same year De Brune started talking to the Third Applicant staff, inciting them against the applicants and taking photographs of the children in their custody.

The Applicants later on learnt from its investors that the De Brune has been using the children images she took while she came to the Third Applicant.

The photos were used to solicit money from the investors to fund the opening of her own school (Tabasamu school) and to unjustly enrich herself and unlawfully interfering with the Third Applicant economic interest.

Inter parties hearing over the matter has been set for February 26, 2023 before Justice Gregory Mutahi at Kwale high court.

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